“…to say that four questions need to be answered when considering r.17.4 (see Ballinger v Mercer Limited [2014] EWCA Civ 996; [2014] 1 WLR 3597 and Hyde v Nygate [2019] EWHC 1516 (Ch)). They are:…”
“…This point needs to be stressed because in both Mastercard and Hyde & others v Nygate & others[2019] EWHC 1516 (Ch) there is a suggestion that the claimant in Goode v Martin was not seeking to rely on any new facts other than those pleaded in the defence. In fact, as I have …”